Monday, July 28, 2008

Heller Fires Second Salvo

Gun Ban Plaintiff Dick Heller Files New Lawsuit Against Washington, D.C.

WASHINGTON — The plaintiff in the Supreme Court case that overturned Washington's 32-year-old handgun ban has filed a new federal lawsuit against the city.

In a complaint filed Monday in U.S. District Court, Dick Heller and two other plaintiffs allege that the city's new gun regulations still violate rights guaranteed under the Constitution.

The lawsuit cites the District of Columbia's unusual ban on firearms that carry more than 12 rounds of ammunition, which includes most semiautomatic handguns.

The suit also claims that the city's regulations make it all but impossible for residents to keep a gun ready for immediate self defense in the home.

The Supreme Court struck down Washington's handgun ban June 26. The D.C. Council passed emergency legislation July 15 in an effort to comply with the court's ruling.

From FoxNews




I hope it's a Title 18 lawsuit.

Title 18, U.S.C., Section 242
Deprivation of Rights Under Color of Law

This statute makes it a crime for any person acting under color of law, statute, ordinance, regulation, or custom to willfully deprive or cause to be deprived from any person those rights, privileges, or immunities secured or protected by the Constitution and laws of the U.S.

This law further prohibits a person acting under color of law, statute, ordinance, regulation or custom to willfully subject or cause to be subjected any person to different punishments, pains, or penalties, than those prescribed for punishment of citizens on account of such person being an alien or by reason of his/her color or race.

Acts under "color of any law" include acts not only done by federal, state, or local officials within the bounds or limits of their lawful authority, but also acts done without and beyond the bounds of their lawful authority; provided that, in order for unlawful acts of any official to be done under "color of any law," the unlawful acts must be done while such official is purporting or pretending to act in the performance of his/her official duties. This definition includes, in addition to law enforcement officials, individuals such as Mayors, Council persons, Judges, Nursing Home Proprietors, Security Guards, etc., persons who are bound by laws, statutes ordinances, or customs.

Punishment varies from a fine or imprisonment of up to one year, or both, and if bodily injury results or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire shall be fined or imprisoned up to ten years or both, and if death results, or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.



1 comment:

Jed said...

I am seeing a victory in the future. We should not have to take this to court but we have to use the avenues available to us. I support Heller 100% and hope this goes to the supreme court for clarification on the matter. We need to fight for our rights. The 2nd ammendment was included because some of our founders knew that there would be those who would try and limit freedoms and wanted it spelled out. And yet there are those who still try and trample our rights.

Great article!